Comprehensive (long) 209A Reform Bill with old text
to be changed

SECTION 1. Section 6B of chapter 208 of the General Laws, as appearing in the
2002 Official Edition, is hereby amended by inserting after the word "any", in
line 10, the following:—

a listing of any abuse protection orders issued on either party, including date,
court of jurisdiction, nature of abuse claimed, and relief granted by the court
for the plaintiff.

SECTION 2 Section 46 of said chapter 208, as so appearing, is hereby amended
by inserting after the word "granted", in line 4, the following:—

a listing of any abuse protection orders issued on either party, including date,
court of jurisdiction, nature of abuse claimed, and relief granted by the court
for the plaintiff, an accounting of any attorneys fees awarded,

[DEFINITION OF ABUSE]

SECTION 3. Section 1 of chapter 209A of the General Laws, as so appearing, is
hereby amended by striking out paragraph (b), in line 6, in the definition of
"abuse" and inserting in place thereof the following paragraph:—

(b) threatening another with imminent serious physical harm.

OLD:

"Abuse", the occurrence of one or more of the
following acts between family or household members:

(a) attempting to cause or causing physical
harm;

(b) placing another in fear of imminent serious
physical harm;

(c) causing another to engage involuntarily in
sexual relations by force, threat or duress.

[REMOVAL OF CHILD NO-CONTACT PROVISIONS]

SECTION 4. Section 3 of said chapter 209A, as so appearing, is hereby amended
by striking paragraph (h), beginning in line 88, and inserting in place thereof
the following paragraph:¾

(h) ordering the defendant to refrain from abusing the plaintiff's child, or
child in plaintiff's care or custody;

OLD:

(h) ordering the defendant to refrain from
abusing or contacting the plaintiff's child, or child in plaintiff's care or
custody, unless authorized by the court;

[NO PERMANENT
ORDERS]

SECTION 5. Said section 3 of said chapter 209A, as so appearing, is hereby
further amended by striking out the words "or to enter a permanent order", in
line 105.

[EXTENSION OF ORDERS]

SECTION 6. Said section 3 of said chapter 209A, as so appearing, is hereby
further amended by striking out the words "The fact that abuse has not occurred
during the pendency of an order
shall not, in itself, constitute sufficient ground for denying or failing to
extend the order, of allowing an order to expire or be vacated, or for refusing
to issue a new order", in lines 113 to 116, inclusive.

OLD:

Any relief granted by the court shall be for a
fixed period of time not to exceed one year. Every order shall on its face state
the time and date the order is to expire and shall include the date and time
that the matter will again be heard. If the plaintiff appears at the court at
the date and time the order is to expire, the court shall determine whether or
not to extend the order for any additional time reasonably necessary to protect
the plaintiff or to enter a permanent order. When the expiration date stated on
the order is on a weekend day or holiday, or a date when the court is closed to
business, the order shall not expire until the next date that the court is open
to business. The plaintiff may appear on such next court business day at the
time designated by the order to request that the order be extended. The court
may also extend the order upon motion of the plaintiff, for such additional time
as it deems necessary to protect from abuse the plaintiff or any child in the
plaintiff's care or custody. The fact that abuse has not occurred during the
pendency of an order shall not, in itself, constitute sufficient ground for
denying or failing to extend the order, of allowing an order to expire or be
vacated, or for refusing to issue a new order.

[ACCOUNTABILITY FOR PERJURY and HEARINGS SHALL BE EVIDENTIARY]

SECTION 7. Section 4 of said chapter 209A, as so appearing, is hereby amended by
adding at the end the following two paragraphs:—

If, at the ten-day hearing after the issuance of a temporary order, the
defendant demonstrates by sufficient facts to the court that the plaintiff made
misrepresentations about material facts either at the hearing or in the
affidavit supporting the complaint in order to obtain the emergency order, the
court shall vacate the temporary order, shall make a finding of fraud upon the
court, shall sanction the plaintiff an amount deemed just and fair by the court
and the statutory costs of this action, and within ten days of the court so
finding, shall hold a hearing on the damages, if any, caused to the defendant.
Under this section, the defendant may be awarded actual and punitive damages,
reasonable attorney's fees, and costs, including the costs of licensed private
investigators.

Upon timely written request of the court by the plaintiff or defendant, at
hearing within ten court business days, or at any hearing to extend a
restraining order issued under this chapter or Chapter two hundred and eight,
such hearing shall be evidentiary and conducted in comportment with the Civil
Rules of Evidence.

[WHEN TO ARREST]

SECTION 8. Section 6 of said chapter 209A, as so appearing, is hereby amended
by striking out the words "arrest shall be the preferred response whenever an
officer witnesses or has probable cause to believe that a person", in lines 71
and 72, and inserting in place thereof the following:—

an officer may arrest any person that they witness or have probable cause to
believe

[REMOVAL OF CHILD
NO-CONTACT PROVISIONS]

SECTION 9.
Section 7 of said chapter 209A, as so appearing, is hereby amended by striking
out the words "or the plaintiff's minor child", in line 23.

OLD:

Whenever the court orders under sections
eighteen, thirty-four B, and thirty-four C of chapter two hundred and eight,
section thirty-two of chapter two hundred and nine, sections three, four and
five of this chapter, or sections fifteen and twenty of chapter two hundred and
nine C, the defendant to vacate, refrain from abusing the plaintiff or to have
no contact with the plaintiff or the plaintiff's minor child, the
register or clerk-magistrate shall transmit two certified copies of each such
order and one copy of the complaint and summons forthwith to the appropriate law
enforcement agency which, unless otherwise ordered by the court, shall serve one
copy of each order upon the defendant, together with a copy of the complaint,
order and summons and notice of any suspension or surrender ordered pursuant to
section three B of this chapter. The law enforcement agency shall promptly make
its return of service to the court.

[VIOLATIONS MUST
BE INTENTIONAL]

SECTION 10. Said section 7 of said chapter 209A, as so appearing, is hereby
further amended by striking out the words "Any violation", in line 42, and
inserting in place thereof the following:—

Any intentional violation of the no-contact provisions or any violation of any
other provisions

OLD:

Any violation
of such order or a protection order issued by another jurisdiction shall be
punishable by a fine of not more than five thousand dollars, or by imprisonment
for not more than two and one-half years in a house of correction, or by both
such fine and imprisonment. Where the defendant has no prior record of any crime
of violence and where the court believes, after evaluation by a certified or
provisionally certified batterer's treatment program, that the defendant is
amenable to treatment, the court may, in addition to any other penalty, order
appropriate treatment as specified in this section. If a defendant ordered to
undergo treatment has received a suspended sentence, the original sentence shall
be reimposed if the defendant fails to participate in said program as required
by the terms of his probation. If the court determines that the violation was in
retaliation for the defendant being reported by the plaintiff to the department
of revenue for failure to pay child support payments or for the establishment of
paternity, the defendant shall be punished by a fine of not less than one
thousand dollars and not more than ten thousand dollars and by imprisonment for
not less than sixty days; provided, however, that the sentence shall not be
suspended, nor shall any such person be eligible for probation, parole, or
furlough or receive any deduction from his sentence for good conduct until he
shall have served sixty days of such sentence.

[SEPARATE
PENALTIES FOR VIOLATIONS INITIATED AS A RESULT OF CS]

SECTION 11. The fifth paragraph of said section 7 of said chapter 209A, as so
appearing, is hereby amended by striking out the last sentence, beginning in
line 56 and ending in line 65.

OLD:

Any violation of such order or a protection
order issued by another jurisdiction shall be punishable by a fine of not more
than five thousand dollars, or by imprisonment for not more than two and
one-half years in a house of correction, or by both such fine and imprisonment.
Where the defendant has no prior record of any crime of violence and where the
court believes, after evaluation by a certified or provisionally certified
batterer's treatment program, that the defendant is amenable to treatment, the
court may, in addition to any other penalty, order appropriate treatment as
specified in this section. If a defendant ordered to undergo treatment has
received a suspended sentence, the original sentence shall be reimposed if the
defendant fails to participate in said program as required by the terms of his
probation. If the court determines that the violation was in retaliation for
the defendant being reported by the plaintiff to the department of revenue for
failure to pay child support payments or for the establishment of paternity, the
defendant shall be punished by a fine of not less than one thousand dollars and
not more than ten thousand dollars and by imprisonment for not less than sixty
days; provided, however, that the sentence shall not be suspended, nor shall any
such person be eligible for probation, parole, or furlough or receive any
deduction from his sentence for good conduct until he shall have served sixty
days of such sentence.

[VIOLATIONS MUST
BE INTENTIONAL]

SECTION 12. Said section 7 of said chapter 209A, as so appearing, is hereby
further amended by striking out the words "a violation", in line 83, and
inserting in place thereof the following:—

an intentional violation of the no-contact provisions or any violation of any
other provisions

OLD:

In each instance where there is a violation
of an abuse prevention order or a protection order issued by another
jurisdiction, the court may order the defendant to pay the plaintiff for all
damages including, but not limited to, cost for shelter or emergency housing,
loss of earnings or support, out-of-pocket losses for injuries sustained or
property damaged, medical expenses, moving expenses, cost for obtaining an
unlisted telephone number, and reasonable attorney's fees.

[COMPLAINT
MUST BE SIGNED UNDER PAINS ... PERJURY]

SECTION 13. Section 9 of said chapter 209A, as so appearing, is hereby amended
by adding the following sentence:—

The complaint shall be signed by the plaintiff under
the pains and penalties of perjury.